jennifer ertman autopsy photos

Id. Id. Vol. Against this backdrop, Cantu accuses Texas of perpetuating Penry error after the legislative renovation in 1991. Overwhelming evidence coming from Cantu, fellow gang members, and those to whom they confessed their crime inculpated Cantu in the capital murder. Trial counsel sought a favorable answer to the future dangerousness special issue by showing that: (1) Cantu would not be dangerous while incarcerated; (2) with the passage of time he would mature and become less violent; and (3) when he became eligible for parole after 35 years he would not pose a threat to society. Cantu's motion alleged that his statements were not voluntary because they were "the result of the promises and other coercive actions of law enforcement officers," taken without proper warnings or an adequate arrest warrant, and after Cantu exerted his right to remain silent. Strickland, 466 U.S. at 700. Cantu, therefore, argues that the Texas statute still requires a nexus between the crime and the mitigating evidence in the same manner as the discredited constitutional-relevancy test. On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were assaulted and 37.071 2(e)(1). Texas, Houston Division. "Far from rejecting the current scheme regarding mitigation, . The bodies were very badly decomposed, even for four days in Houston's brutal summer heat and humidity, particularly in the head, neck and genital areas. Following Cantu's initial instruction, Villarreal first shouted "Get on your knees, bitch!" Tr. This is one that truly, truly haunts me. Their I need not go further. WebPeter Anthony Cantu is shown in this undated Texas Department of Criminal Justice handout photo. I think it's the first really sickening and gut-wrenching crime I read about when I was young. State Habeas Record at 261. Tr. Tr. 1.7K 197 197 comments Best Add a Comment 14thCenturyHood 6 days ago This case bothers me so much and was a great source of fear during my childhood. The five See 28 U.S.C. At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. In the first version, he admitted to a limited role in raping the girls. Two VERY important things in the criminal justice system have changed as a result of these murders. With respect to the lesser offenses of kidnapping or sexual assault, Cantu's depends on the jury viewing significant evidence with a heavy dose of skepticism. Entry No. It's satisfying to read that the death penalty was actually carried out on this pack of vermin. 22 at 569-72. 'You're not even an animal,' in the courtroom of Judge Bill Harmon, on Wednesday, Feb. 9, 1994, When the Supreme Court of the United States banned the executions of people who committed crimes while they were below 18 years of age, the sentences of Prez and Villarreal were automatically commuted to life in prison. 21 at 298. 28 at 790. The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. One of them bragged about having virgin blood on his underwear. The state habeas court's decision in that regard was not contrary to, or an unreasonable application of, federal law. The trial judge stated: Tr. Williams, 529 U.S. at 407. While Cantu now speculates that "he simply wanted to close ranks with his friends, or perhaps believed that his admission would better serve him in the ensuing prosecution," (Doc. Rejecting a similar claim by one of Cantu's co-defendants, the Fifth Circuit noted that "the trial court's instructions taken alone, allowed the jury to consider and give effect to" the mitigating evidence presented at trial. 1998). Tr. The argument and related visual images brought into focus testimony describing the degraded condition of the victims' bodies that was already vividly before the jury. refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime. 3. In closing arguments, trial counsel encouraged the jury to find that Officer Swainson manufactured Cantu's second statement. Eventually, the en banc Fifth Circuit in Graham v. Collins, 950 F.2d 1009 (5th Cir. See Thacker v. Dretke, 396 F.3d 607, 612 n. 2 (5th Cir. The prosecution closed with the following statement that Cantu complains was inflammatory but went unchallenged by his trial attorneys: Cantu "concedes that the argument was responsive, but not that it was invited." Vol. Police said the Waltrip High To warrant the lesser-included-offense instruction, however, the evidence of the lesser crime must be of sufficient magnitude to allow a rational jury to convict him only for that offense. Cantu gave Officer Parish an oral account of his acts on the night of the murders, which Officer Parish reduced to writing. Under the Strickland standard, a criminal defendant's Sixth Amendment rights are "denied when a defense attorney's performance falls below an objective standard of reasonableness and thereby prejudices the defense." 2008) (quoting Rogers, 848 F.2d at 608). Id. Tr. Her case is full of police misconduct and possible suspects. She then attempted to flee. When Perez went to shower and clean the blood off him, Jose Medellin began to describe the events of that evening. 28 at 787). Tr. Vol. The images were so They were last seen by friends about 11:15 at night, when they left a friend's apartment to head home, to beat summer curfew at 11:30. Roman Sandoval testified that Cantu called him after the murders and essentially confessed to having raped and murdered the girls. Clerk's Record at 268-69. Jester Park at White Oak bayou. WebThe graves of Jennifer Ertman and Elizabeth Pena are about 200 yards apart in Woodlawn Garden of Memories Cemetery. This case is ripe for adjudication. Because he provided no evidence of constitutional overstepping by the police, both of Cantu's full statements came before the jury. Donald R. Davis Cantu argued that Officer Swainson manufactured the second statement, but provided no testimony to support that assertion. They also knew they would have to pass a sexually-oriented business on that route and so decided to take a well-known shortcut down a railroad track and through a city park to Elizabeth's neighborhood. At the time of Cantu's trial, a Texas capital defendant who received a life sentence would become eligible for parole after 35 years of incarceration. (Doc. 21 at 212. The Beck Court held that a State cannot "impose a blanket ban on lesser-included-offense instructions in capital cases. Umeken ni ting v k thut bo ch dng vin hon phng php c cp bng sng ch, m bo c th hp th sn phm mt cch trn vn nht. Fellow gang member Roman Sandoval described how the gang members encountered the two girls and dragged them off to be raped. 2254(d)(1). The teenagers congregated near a railroad trestle to "fight in" Villareal. Gang members fought Villareal in turn. Jos Ernesto Medelln appealed his execution, saying that he had informed City of Houston and Harris County police officers that he was a Mexican citizen, and that he had been unable to confer with Mexican consular officials. Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)). The State concluded its case by publishing the second statement to the jury. The state habeas court concluded that the prosecutor's statements were not "extreme or manifestly improper or inject[ed] new and harmful facts into the trial, in light of the record as a whole." Specifically, the Supreme Court has used the term to describe how a jury gives effect to good character evidence that is not "directly relevant" to the crime. I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. 2000) (same); Boyd v. Johnson, 167 F.3d 907, 912 (5th Cir. 21 at 294, Vol. 1992) (applying Beck when "a trial judge refuses to give an instruction which is available under state law"). 21 at 299-300. In 2016 Shana Grice (19) reported her stalker Brian Walshe charged in Ana Walshe's murder in Massachusetts. R. APP. I wonder if any of these men would have done something like this if they were alone. 28 at 768-69. H-01-4078, 2003 WL 25321243 (S.D. Turns out the friend I was with was a serial rapist. The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. Tr. Vol. Nothing in federal precedent indicates that Texas' current means of putting mitigating evidence before the jury violates the Constitution. 22 at 579, 596-98, 603-06. Although Cantu had been a continuing disciplinary problem, expelled from three schools and given to threats of violence, nothing about his life even began to approach the depravity of his conduct on June 24, 1993. Both victims were badly decaying, and dental records were used for identification. A horrifying A capital sentencing scheme must not preclude the jury "from considering, as a mitigating factor, any aspect of a defendant's character or record and of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death." The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. Leaving the crime scene, Peter Cantu handed Venancio Medelln a Goofy wristwatch taken from Ertman's body, saying, "Take this, I don't want it.". [7] Before the murders, Houston officials had stated that gangs were not a significant issue in the city. 1988). One gang member described how Cantu "kicked one of the girls in the face with his steel toe [boots]" because she "wouldn't die." Entry No. Even without the photographs, trial testimony painted a vivid image of Cantu's brutality in killing the girls. On June 24, 1993, members of the Black and White gang met to initiate Raul Villareal into their group. 24 at 854. Tr. This had not previously been done in Texas courts and now is done as a matter of routine. Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. "The due process clause of the Fourteenth Amendment provides an independent check on a prosecutor's comments that `so infected the trial with unfairness as to make the resulting conviction [or sentence] a denial of due process.'" When Peter Cantu saw Jenny and Elizabeth, he thought it was a man and a woman and told the other gang members that he wanted to jump him and beat him up. Five members of the Black and White gang Cantu, Jose Medellin, Derrick Sean O'Brien, Efrian Perez, and Raul Villareal received death sentences for their role in the rape and murder of fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena. The prosecution explained why they sought to admit the photographs into evidence: Tr. Regardless of whether a rational jury would disbelieve Cantu's second statement, nothing in the record supports a lesser-included-offense instruction for simple murder. The Fifth Circuit concluded: Also, the Court of Criminal Appeals noted that the prosecution's statement was merely a "suggestion," and did not tell "the jury that they must find a nexus between the offense and the evidence offered as mitigation[.]" WebHUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston history, the 1993 rapes and murders of 16-year Vol. Strickland v. Washington, 466 U.S. 668, 686 (1984). Although better practice would have been to strike the prosecutor's comment, federal precedent shows that it did not violate Cantu's constitutional rights. Failure to Make a Due Process Objection to the Allegedly Inflammatory Material. See id. While Cantu was not particularly talkative, he agreed with the statements made by the other gang members. Medelln said in a sworn statement that he learned that the Mexican consulate could assist him in 1997. Under the appropriate standard, Cantu has not shown that this Court should certify any issue for appellate consideration. I was in Menlo park in during a huge gang fight. Vol. Cantu's attorneys adduced testimony that supported the first two propositions. 2254(d)(1). A jury convicted Cantu of capital murder. Cantu, 939 S.W.2d at 647. Third, Cantu alleges that his trial attorneys should have objected when the prosecution referred to the allegedly inflammatory material during closing arguments (claim twelve). (Doc. Jan. 13, 2005); Perez v. Cockrell, 77 F. App'x 201, 202-03 (5th Cir. 13 at 11.) "It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. Entry No. Vol. Failure to Object to Prosecutorial Argument. PRO. The Supreme Court's subsequent decision in Roper v. Simmons, 543 U.S. 551 (2005), prohibited executions for crimes committed prior to a defendant's 18th birthday. . It's his choice. The case was also notable in that the state of Texas rejected attempts by the International Court of Justice to halt the executions of several of the perpetrators. Clearly established Supreme Court precedent applies Simmons "only to instances where, as a legal matter, there is no possibility of parole if the jury decides the appropriate sentence is life in prison." See Buchanan v. Angelone, 522 U.S. 269, 276 (1998); Boyde v. California, 494 U.S. 370, 377 (1990). "[I]n order to meet the requirement of the Eighth and Fourteenth Amendments, a capital-sentencing system must allow the sentencing authority to consider mitigating circumstances." The prosecutors said that Medelln never told authorities that he was a Mexican citizen. 8 years. However, Cantu objects that the instruction unnecessarily confined the jury's review to "evidence that a juror might regard as reducing the defendant's moral blameworthiness." WebJune 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. Derrick O'Brien was the first to be executed, on July 11, 2006. Given the exhaustive prior summaries of the crime the Court will recite only briefly the factual narrative. Beazley, 242 F.3d at 260. 2006); Thacker, 396 F.3d at 617; Rudd, 256 F.3d at 320-21; and the Equal Protection Clause, Tigner, 264 F.3d at 525-26; Collier, 300 F.3d at 585-86; Green v. Johnson, 160 F.3d 1029, 1044 (5th Cir. In support of this claim, Cantu notes that he gave two statements to the police. I think about this case a lot, usually at random times it'll pop back into my head without warning. Im not sure who else has brought attention to it. Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". Our leaders keep telling us to go back to sleep, its an isolated incident, we get more in benefits than they could ever take from us. Also, "in his closing argument, the prosecutor reiterated that a nexus between possibly mitigating evidence and the crime was required[.]" WebOn June 24th 1993 a pair of teenage girls were walking through a public park in Houston,Texas when they were viciously assaulted by a local youth gang. 2253(c); FED. Tr. WebHOUSTON, Texas (KTRK) -- A former gang member convicted for his role in the brutal murder of two Houston teens has been denied parole, according to the Harris County The prosecution introduced the allegedly inflammatory material while explaining the condition of the corpses, describing the process by which the police identified the girls' bodies, and verifying the statements made by Cantu and others. 1996). CODE CRIM. 2004); Woods v. Cockrell, 307 F.3d 353, 360-62 (5th Cir. (Doc. 16, 2010 3 Seventeen years later, the simple mention of their names still evokes a shudder, a shake of the head that such a thing could happen. The review of proposed lesser-included-offense instructions requires the Court to ascertain how a rational juror would have considered the evidence presented at trial. Did one of the culprits confess with that much detail? Both girls were strangled to death. The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. As the others described the rapes, Cantu "is just agreeing with them" with "a grin on his face." The Due Process Clause only provides relief from evidentiary rulings that are "so unduly prejudicial that it render[ed] the trial fundamentally unfair." Tr. WebShe sat in the front row with Elizabeth's uncle, and when the crime scene photos were placed upon the tables for the lawyers to look over, she saw everything. I hope he spends the entire 40 years in prison. Cantu claims that Texas' method of placing mitigating evidence before the jury insufficiently allowed the jury to consider him worthy of a life sentence (claim eight). The Fifth Circuit has held that the use of the term "moral blameworthiness" does not prevent the jury from considering mitigating circumstances because "[v]irtually any mitigating evidence is capable of being viewed as having some bearing on the defendant's `moral culpability'" apart from the concerns identified in the other special issues. Tr. Christina Cantu took that to mean they killed someone. The murder of the two girls made headlines in Texas newspapers due to the nature of the crime and the new law resulting from the murder that allows families of the victims to view the execution of the murderers. Vol. Because his first statement to the police did not discuss the death of the two girls, Cantu argues that the jury could have viewed the evidence in a manner that exculpated him of capital murder. The state habeas court indeed concluded that Cantu had procedurally defaulted any due process objection to the material. The Supreme Court, however, has never required the States to conform to only one method of considering mitigating evidence. Cantu's federal habeas claims require the Court to discuss the particulars of the murders. See Smith v. Cockrell, 311 F.3d 661, 668 (5th Cir. He was frustrated that he had been the one who was unable to fight Raul. After 1991, capital inmates fell into three categories: (1) pre- Penry defendants whose juries were not explicitly told to consider mitigating evidence; (2) defendants sentenced between 1989 and 1991 whose juries received the nullification instruction; and (3) defendants whose juries received an explicit statutory special issue. Khch hng ca chng ti bao gm nhng hiu thuc ln, ca hng M & B, ca hng chi, chui nh sch cng cc ca hng chuyn v dng v chi tr em. "As a general principle, Rule 56 of the Federal Rules of Civil Procedure, relating to summary judgment, applies with equal force in the context of habeas corpus cases." Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman. "The Fifth Circuit's interpretation of Beck requires a trial court judge to consider all of the evidence in the case as a whole in determining whether a rational jury could have found the defendant not guilty of capital murder but guilty of a lesser-included offense." . At trial, Officer Swainson testified that, "[b]ased on the statements that [they] had obtained, it appeared as if maybe there was a possibility [Cantu] didn't reveal his total involvement." Five of the gang members proceeded to repeatedly rape both girls for in excess of an hour. Buchanan v. Angelone, 522 U.S. 269, 276 (1998); see also Franklin, 487 U.S. at 179. Create an account to follow your favorite communities and start taking part in conversations. Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir. 2003) (finding that 28 U.S.C. Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). Respondent assumes that Texas' bifurcated system (that was not present in Beck) allows a jury to give effect to any lingering doubt about guilt by delivering a capital conviction but a life sentence, avoiding Beck's all-or-nothing conundrum. 21 at 328. If you're willing to put it in writing. His initial statement, however, he claimed that he did not join the other gang members as they murdered the two girls in the woods. Tr. After Ws wimping out on this issue, I have lost all respect for the man as a leader. "Congress enacted AEDPA to reduce delays in the execution of state and federal criminal sentences, particularly in capital cases, and to further the principles of comity, finality, and federalism[.]" 42.18 8(b)(2) (1991). The Sandoval brothers testified at trial that Medellin and Cantu forced the girls to the ground. A State can structure the jury's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors. Tr. The girls attended a party link True Crime Videos Graves: Elizabeth Pea & Jennifer Ertman Murder Location art. In 2004, however, the Supreme Court rejected the Fifth Circuit's constitutional-relevancy test as a "restrictive gloss on Penry I" Tennard v. Dretke, 542 U.S. 274, 283 (2004). That guy was a fucking monster. I have no good words left for President Bush. Aside from the above-mentioned gang members, Roman Sandoval, Frank Sandoval, and Venancio Medellin were also present at the gang initiation. "Courts have always taken into consideration the harm done by the defendant in imposing sentence[.]" Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." Cantu himself stated: "The bitch wouldn't die so I stomped on her neck." 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